How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3522
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Good morning, I'm a personal trainer being hired by one of

Resolved Question:

Good morning,
I'm a personal trainer being hired by one of the company.
Yesterday I have received an email saying that I'm seriously breaching a contract by taking clients away from them. They also expect me to response to them by 12pm today and accept the amount of £4800 to be paid within specific dates. If they won't hear from me they'll take a legal action against me.
How do I deal with this matter
Regards
Tom
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi Thank you for your question and welcome. My name is ***** ***** I will assist you. Do you actually have a signed contract with them?

Alex J. :

Does the contract actually contain any restrictions?

Alex J. :

What exactly have you done to garner this response from them?

Customer:

Hi Alex,

Customer:

Yes I signed the contract in 2011

Alex J. :

What restrictions did the contract contain? Are they still in force?

Customer:

Copy of the contract attached

Customer:

Can you confirm if all 5 files went through?

Customer:

Here is also an email from them.

Customer:

Without prejudice

Dear *****,


For a long time we have had suspicions of you taking away Detox-Fit™ clients to train them privately.


As you know this is a very serious breach of your contract which entitles us to take direct legal action against you. Likewise, you will also be held liable and financially responsible for the calculated economic damages caused to our organization.


Purely for your information note that we run a professional business with over 40 mobile personal trainers. One of the main sides of our business, as you know, is to give work to our trainers, in the form of (top quality and committed) regular Detox-Fit™ clients. Unlike other companies we don’t charge our trainers for this. We just give them work. However, as you can imagine, getting new clients doesn’t come as free, as it costs us, only this year between £40-50K. Also add to this our hard work in signing up these clients on a regular basis, which is priceless.


We took you on board as a recommendation of our common friend and so, on a personal side note I also feel betrayed, insulted, offended and seriously patronized by your actions.


After following a careful procedure of investigations we have managed to confirm and get solid evidence on a specific number of Detox-Fit™ clients who you have been, and currently still are, privately training.


For the sake of personal privacy purposes we will not be disclosing the names of all these customers on this letter. However, do note that both ourselves and our solicitor currently have the full verified and corroborated list, which includes detailed information, witnesses and other essentials.


We will, however, even if only with the purpose of encouraging you to take this matter with the seriousness that it deserves, disclose one specific client here. This client is Rossana Hyacinth, which was one of Evany’s, Detox-Fit™ Manager, clients. The fact that you took her away as one of your private clients only adds further to the insult, which we won’t overlook.


Our solicitor has been accordingly updated on this issue and is ready to advance legal proceedings as soon as we instruct so. Before going ahead on the legal route, in the interest of you potentially wanting to sort things in a straightforward manner, we can propose the following settlement:


Payment of £4,800 for our previous client Rossana Hyacinth as a compensation for training her privately for the past 10 months on an approximate regular basis of 3 times a week.


This figure doesn’t include any other clients, neither other fees.


In order to help to settle this payment this can be done in 3 instalments of £1,600, paid in the following schedule:


- First instalment due within 7 days from receipt of this letter. No later than 30th of October 2014.



- Second instalment to be settled no later than 30th of November 2014.




- Third and final instalment to be settled no later than 30th of December 2014.



Please advise if you wish to accept this settlement.


Shall we not hear from you by tomorrow, Friday 24th of October 2014 by 12pm we will proceed with legal action against you, which may considerably exceed the proposed settlement figure.


At present, please note that we have been instructed by our solicitor to advise you to immediately stop training any of your previous Detox-Fit ™ clients, as this may result in an increase of the final settlement amount.


Regards,









Jay Banczer

Owner&Founder



Mob: 07838 633 656

Tel: 0208(###) ###-####/span>






Alex J. :

Hi, Thank you. I will review this, It may take me a while so please do not be concerned if you do not hear from me right away.

<span class="JA_chatAuthorName"Customer:

Ok Thanks

Alex J. :

Thank you AJ

Customer:

Also I believe the issue was raised soon after a conversation with my current client and her colleague who passed the information over to them.

Customer:

There is no strong evidence and no trace of payment


Customer:
Hi hun I m good. Work is great I love it. I m still training with Tom. He us fantastic and very honest professional and realistic. I ve got less than 1st to loose and reach my goal

He comes to me 3 times a week although this month I had to stop due to work and family issues. Going Italy next week. Back on training first week of November. I

ll send u his num. If u think evany was hard u won't believe what u can achieve with Tom and it works.

Customer:

I believe this conversation in between them is the only evidence because I don't train at that moment with no other clients that comes from them.

Customer:

Also at the same time of emailing to me he texted to me..I recommend to check your email now...and good luck which sounds very bully to me.

Alex J. :

Hi, Many thanks, My apologies but my internet connection is currently down so I am having to work from my tablet. I have all the information you provided, and I am reviewing it now. I will type my answer offline and post when I can connect my computer to the wifi at some point tomorrow. Again my apologies, in any event they wont be able to take any "action" without giving you 7 days notice so there is a little bit of time to respond. Kind regards AJ

Customer:

Thank you Alex

Alex J. :

Hi, My apologies, I have had troubles connecting to the internet all weekend. I am back online now.

Alex J. :

I have the following comments:

Alex J. :

1. They cannot just claim an arbitrary sum of money without proving how they have come to that figure;

Alex J. :

2. I am not sure what the alleged breach is here - technically what they are saying is you were under contract training their clients and them separate training them outside the gym? Is this true?

Alex J. :

Does your contract say anything like you a restricted from training clients privately? Had you terminated your contract?

Alex J. :

What I suggest you do is write back for the time being and say you are the process of obtaining professional advice given the nature of the alleged breaches in the letter and will endeavour to respond to them within 7 days.

Alex J. :

In the mean time can you send me the relevant clauses from your contract?

Customer:

Hi Alex

Customer:

COntrack in pdf file attached

Customer:

Let me know if received

Customer:

Thanks

Customer:

Tom

Alex J. :

Hi, my apologies, it is not received. Could you send it to***@******.*** for my attention.

Alex J. :

I would note - the letter has been sent to you "Without Prejudice" - which is odd because they are making allegations that you have breached a contract. Saying it is without prejudice means they wont be able to use this letter in a court claim. Which means they are far off from actually suing you.

Alex J. :

Have you at any point served notice to terminated the contract? Kind regards AJ

Customer:

Yes I have emailed them about the termination the contract

Customer:

Email sent

Alex J. :

Hi, Thank you. When did you send the notice? And when did you start training this client in private? I will switch to Q and A mode now, please do not be concerned, I am still here, but it wont be in real time.

Customer:

Hi,

Customer:

I sent the notice yesterday.

Customer:

I started training her by the end of March this year

Alex J. :

Thanks. So when you initially started training her, did you pay Detox a fee?

Customer:

I started training her in January and we trainers being hired and get paid a commission.

Customer:

on monthly bases

Alex J. :

Hi, Thank you. When did she start paying you directly was that in March?

Customer:

Hi Alex

Customer:

Sorry but how all these questions are related to the matter?

Expert:  Alex J. replied 2 years ago.
Hi,
I have switched to Q and A mode so we can continue the dialogue.
I look forward to hearing from you.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
I have just received your documents.
I am reviewing them now.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I have reviewed this. I cannot see how a two year restraint on trade is enforceable, it is onerous and commercially un justified.
Do they only have evidence of the one client working with you?
Kind regards
AJ
Customer: replied 2 years ago.
Hi hun I m good. Work is great I love it. I m still training with Tom. He us fantastic and very honest professional and realistic. I ve got less than 1st to loose and reach my goal

He comes to me 3 times a week although this month I had to stop due to work and family issues. Going Italy next week. Back on training first week of November. I

ll send u his num. If u think evany was hard u won't believe what u can achieve with Tom and it works.

They have no evidence, the judgement is based on messages conversation between my client and her colleague who I believe is a "snitch"

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The sums of money they are claiming - is this what they have actually lost from you training the client privately?
Kind regards
AJ
Customer: replied 2 years ago.

No of course not

Sorry Alex but my question to this matter was how do I deal with it?

How shall I response to the email received from them?

Thanks

Tom

Expert:  Alex J. replied 2 years ago.

Hi, Thank you. What I suggest you do is write to them and say the following: 1. Deny any liability; 2. Say you have taken advice and believe that a two year blanket restriction on your rights to trade will be unenforceable as two years is not commercially necessary to achieve legitimate commercial interests of protecting their business - a court therefore would be unlikely to enforce this restriction (to give you an idea I would say 3-6 Months at most would be enforceable); 3. Say that the sum of money they are claiming bares no resemblances to any losses they have alleged to suffer. I am afraid however, you will probably have to pay them what you would have paid them had you trained this person under the contract. Can you give me an idea of this figure? If they sue you, I would recommend offering what you would have paid under the contract, to settle the matter. Kind regards AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3522
Experience: Solicitors 2 years plus PQE
Alex J. and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice